‭(English Translation Only)‬‭ he translation below is provided for your convenience only. If there is any discrepancy‬T‭between the translation in English and the original Japanese text (including due to the delay in‬‭translation), the original Japanese text takes precedence.‬‭HENNGE One Terms of Service‬‭ his HENNGE One Terms of Service ("TOS") sets forth the content as well as the terms and‬T
‭conditions to provide the HENNGE One ("Service") which has been developed and provided by‬‭HENNGE K.K. (“HENNGE”) in order to improve the email transmission as well as usability of‬‭other electronic devices of Customer. Customer shall accept the content of TOS and agree to‬‭comply with the terms and conditions herein as it utilizes the Service by submitting the‬‭HENNGE-designated application form to HENNGE.‬‭ rticle 1 (Scope of TOS)‬A‭TOS shall be applied to all Customers who utilize the Service.‬‭ rticle 2 (Establishment of Individual Agreement)‬A‭1.‬ ‭Customer‬ ‭shall,‬ ‭upon‬ ‭its‬‭consents‬‭to‬‭TOS,‬‭issue‬‭a‬‭purchase‬‭order‬‭form,‬‭stating‬‭the‬‭name‬‭of‬‭the service(s) to utilize, the number of accounts, and so on (“Contract terms”).‬‭2.‬ ‭Individual‬ ‭Agreement‬‭for‬‭the‬‭Service‬‭shall‬‭be‬‭deemed‬‭as‬‭established‬‭when‬‭Customer‬‭issues‬‭the‬ ‭purchase‬ ‭order‬ ‭form‬ ‭as‬ ‭set‬ ‭forth‬ ‭in‬ ‭the‬ ‭preceding‬ ‭paragraph‬ ‭and‬ ‭HENNGE‬ ‭declares‬ ‭its‬‭intention to accept the order.‬‭3.‬ ‭If‬ ‭HENNGE‬ ‭fails‬ ‭to‬ ‭respond‬ ‭within‬ ‭five‬ ‭(5)‬ ‭business‬ ‭days‬ ‭from‬ ‭the‬ ‭date‬ ‭of‬ ‭receipt‬ ‭of‬‭the‬‭purchase‬ ‭order‬ ‭form‬ ‭as‬ ‭set‬ ‭forth‬ ‭in‬ ‭Paragraph‬ ‭1,‬ ‭the‬ ‭declaration‬ ‭of‬ ‭its‬ ‭intention‬‭to‬‭accept‬‭the‬‭order is deemed as made upon expiration of such five-day period.‬‭4. In the event of any contradiction between the content of TOS and Individual Agreement, the‬‭provisions of Individual Agreement shall prevail.‬‭ rticle 3 (Service Content)‬
A‭1. Service shall mean either a part or all of the (1)HENNGE Email DLP, (2)HENNGE Email‬‭Archive, (3)HENNGE Access Control, (4) HENNGE Secure Browser, (5)HENNGE Device‬‭Certificate, (6)HENNGE Lock, (7)HENNGE Connect, (8)HENNGE Secure Transfer,‬‭and‬‭(9)HENNGE Cloud Protection‬‭, (10) HENNGE File DLP‬‭,‬‭and (11) HENNGE Tadrill‬‭. The‬
‭details of each service shall be defined in the Paragraph 1 of the exhibit hereto.‬‭2. HENNGE shall provide Customer with such support service as set forth in the Paragraph 3‬‭and Paragraph 4 of the exhibit hereto as an ancillary service to the Service.‬‭ rticle 3 part 2 (HENNGE Early Access Program)‬A‭1. HENNGE Early Access Program (“HENNGE EAP”) is a program that allows customers to‬‭test new features, products, and services developed by HENNGE (“The betas)”) before they are‬‭officially sold. By agreeing to this TOS, you agree to participate in the HENNGE EAP and to be‬‭bound by the "HENNGE Early Access Program Terms of Service"‬‭(https://support.hdeone.com/hc/ja/articles/ 4402391851417, “HENNGE EAP TOS”).‬‭2. The betas are not included in the Service, and the HENNGE EAP Terms of Service shall take‬‭precedence over the TOS with respect to participation in the HENNGE EAP and trial use of‬‭each beta in the HENNGE EAP.‬‭3. The betas are not included in the scope of the support services specified in exhibit 3 and‬‭exhibit.‬‭ r‬‭ticle 3 part 3 (HENNGE One API)‬A‭1.HENNGE One API is an API to work with HENNGE One provided by HENNGE.‬‭2.HENNGE One API Terms of Use (‬‭https://support.hdeone.com/hc/en-us/articles/17922669164697‬‭)‬‭shall take precedence over the‬‭TOS with respect to the use of HENNGE One API.‬‭3.HENNGE One API is not included in the scope of the support services specified in Exhibit 3‬‭and Exhibit 4.‬‭ rticle 4 (Linkage with External Service)‬A‭1.‬ ‭Customer may link and utilize an external service‬‭(https://support.hdeone.com/hc/ja/articles/23952460315673‬‭） ‬‭in conjunction with the Service;‬‭provided however HENNGE provides no guarantee that such linkage and utilization of the‬‭Service in conjunction with the‬ ‭external service will work in actuality.‬‭2. HENNGE shall not be liable in any manner or form with respect to any damage which may‬‭arise due to failure or specification of the‬ ‭external service.‬‭¶‬‭3.‬ ‭Customer‬ ‭shall‬ ‭comply‬ ‭with‬ ‭the‬ ‭terms‬ ‭and‬ ‭conditions‬ ‭for‬ ‭use‬ ‭and‬ ‭so‬ ‭on‬ ‭of‬ ‭the‬ ‭relevant‬‭external‬‭service.‬‭For‬‭any‬‭matter‬‭which‬‭is‬‭not‬‭set‬‭forth‬‭in‬‭such‬‭terms‬‭and‬‭conditions‬‭for‬‭use‬‭for‬‭the external service, TOS shall apply mutatis mutandis.‬‭ rticle 5‬A‭(‭(‬ ‭M
‬ inimum Use Term)‬‭1. Minimum use term of the Service shall be one (1) year commencing from the commencement‬‭date which is separately set forth in Individual Agreement.‬‭2. In the event that Customer wishes to terminate Individual Agreement prior to expiration of‬‭the minimum use term as stated in the preceding paragraph, unless otherwise provided in TOS,‬‭Customer shall pay HENNGE the penalty whose amount is equal to the service fee for the‬‭remaining period of the minimum use term. ‬‭ rticle 6‬ ‭(‭(‬ ‬‭Renewal)‬
A‭The Individual Agreement shall be automatically renewed for a period of additional one (1)‬‭year unless either HENNGE or Customer expresses otherwise no later than one month prior to‬‭the expiration date of Individual Agreement and the same shall apply thereafter.‬‭ rticle 7‬ ‭(‭(‬ ‬‭Service Fee)‬A‭1. Customer shall pay following fees and charges to HENNGE as it utilizes the Service;‬‭(1) Subscription Fee - Fee and processing charge for initial configuration of the Service.‬‭(2) Service Fee – Compensation to utilize the Service.‬‭2. Payment terms for the Subscription Fee and the Service Fee shall be separately determined‬‭and agreed in Individual Agreement.‬‭3. Subscription Fee and the Service Fee which are paid by Customer to HENNGE shall not be‬‭refundable for any reason (like changes of contract terms etc), unless otherwise set forth in TOS.‬‭4. Customer shall pay the Service Fee as well as any consumption tax and other taxes assessed‬‭thereon for the full subscribed term even during the period of time when the Service may not be‬‭available to Customer in accordance with the provisions of the Article 13 and 14 herein;‬‭provided however in the event that the time period when the Service is totally unavailable to‬‭Customer ("Downtime") due to reasons as set forth herein comes to more than five (5) business‬‭days from the beginning of each month until the end of such month, Service Fee for such‬‭number of days of Downtime as well as any consumption tax and other taxes assessed thereon‬‭shall be waived (any fraction less than one (1) day of Downtime shall be rounded up). ‬‭5. HENNGE may revise the S‬ ‭ervice F‬ ‭ee for the‬ ‭S‬ ‭ervice (including its calculation‬

‭ ethod) and other payment terms by notifying the customer at least one (1) month prior to the‬m‭expiration of the contract period, or by notifying the customer on the HENNGE website.‬‭ rticle 8‬ ‭(‭(‬ ‬‭Configuration and Maintenance of Facilities to Utilize Service)‬A‭1. Customer shall, at its own cost and responsibility, set up and manage Customer's facilities in‬‭such a manner that they are compliant to conditions designated by HENNGE and shall maintain‬‭such environment to utilize the Service.‬‭2. Customer shall, at its own cost and responsibility, connect its facilities to the internet utilizing‬‭the telecommunication service provided by any telecommunications carrier in order to utilize‬‭the Service.‬‭3. In the event of any problem with Customer's facility, internet connectivity or with any‬‭environment which are set forth in the preceding paragraph to utilize the Service, HENNGE‬‭shall have no obligation to provide the Service to Customer.‬‭↵‬‭ rticle 9‬ ‭(‭(‬ ‬‭Utilization by Users)‬A‭1.‬ ‭Utilization of the Service shall be limited to officers as well as employees of Customer and‬‭Customer affiliates (regardless of their form of employment, those who engage in business‬‭operations of Customer or Customer’s affiliates and including their temporary workers‬‭dispatched from staffing agencies and their contractors; hereinafter collectively “Users”) and‬‭within the part of facility which is allocated to Customer (“Tenant”) among the facility which is‬‭set up by HENNGE to provide the Service (HENNGE Facility).‬‭User of the Service shall be the‬‭officers and employees of Customer and Customer’s affiliates (those who engage in work of‬‭Customer and Customer’s affiliates regardless of their form of contract; hereinafter “User”)‬‭.‬‭¶‬‭ . Customer shall, at the time of application of the Service,‬ ‭subscribe the same number of‬
2‭HENNGE One Licenses (“‬‭Number of Subscription‬‭Licenses”) as the number of accounts of the‬‭external service to be linked based on the Article 4 herein, in principle. In the event of multiple‬‭external services to be linked and utilized, the number of Licenses to be subscribed shall be‬‭the‬‭same as‬‭the total number of account‬‭s‬ ‭users‬‭of all the external services, excluding‬‭the number of‬‭redundant‬‭account‬‭users.‬‭3. The provision of the preceding paragraph shall apply to all the HENNGE ONE Service plans,‬‭except as otherwise provided by HENNGE.‬‭4‬ ‭. As Customer makes the Service available to Users, Customer shall, under its own‬
‭responsibility, explain to Users the conditions of the Service to be provided hereunder, obtain‬‭their consent, and shall be liable for such Users' compliance with the same obligations as‬‭Customer bears hereunder.‬‭5‬ ‭. Customer shall consent‬‭that Users'‬‭to the‬‭utilization of the Service‬‭by Users, and‬‭shall be‬‭deemed as the Customer's own utilization of the same and shall be liable for all the events which‬‭take place on such Users' end. In the event that Users breaches any of the items listed in the‬‭Paragraph 1, Article 25‬ ‭herein, which are the prohibited matters, Customer shall‬‭immediately cure such breach.‬‭6‭.‬ ‬‭.‭‬ ‬‭HENNGE may, as it determines necessary from maintenance, operational, or technical‬‭point of view, monitor, analyze, examine, and investigate all the data and log data which are‬‭provided and/or transmitted by Users through the Service (“Customer Data”).‬‭7‭.‬ ‬‭． ‬‭HENNGE shall acquire no right in or to the Customer Data whatsoever, including but not‬‭limited to ownership right and intellectual property rights.‬‭ rticle 10‬ ‭(‭(‬ ‭U
A‬ ser ID and Password)‬‭1. Customer may not lend or share its user ID and password with any third party except that‬‭Customer discloses such information to Users and shall strictly manage the user ID and‬‭ assword to prevent leakage to any third party. HENNGE shall not be liable for any damage‬p‭incurred by Customer or by any other party due to mismanagement, misuse or overuse, or use‬‭by a third party of the user ID and password.‬‭2. In the event that any third party utilizes the Service under Customer's user ID and password,‬‭HENNGE will deem such use as Customer's own use and Customer shall be liable for any and‬‭all financial consequences incurred by such use. Also, in the event that HENNGE incurs any‬‭damage due to such use, Customer shall compensate the damage unless such third party's use of‬‭user ID and password is due to reasons attributable to HENNGE.‬‭ rticle 11‬ ‭(‭(‬ ‭B
A‬ ackup)‬‭Customer shall, under its own responsibility, save and back up the Customer Data which is set‬
‭forth in‬‭the Paragraph 6 ,‬‭Article 9‬‭, Paragraph 6‬‭herein. Except the cases where HENNGE‬‭bears special obligations as set forth in Individual Agreement, HENNGE shall not be liable for‬‭any storage, saving, or backing up of Customer Data. ‬‭ rticle 12‬ ‭(‭(‬ ‭SA‬ pecification Change or Service Content Change)‬‭1. HENNGE shall be entitled to change the content, utilization method, or update the versions of‬‭the Service to improve the functionalities or add or modify the features (“Service Change”)‬‭without Customer's consent and at HENNGE's sole discretion.‬‭2. Among the Service Change, such changes which affect Customer’s operation method and/or‬‭Customer’s utilization environment such as those require substantial changes of user interface‬‭and/or changes of the service URL, HENNGE shall provide a prior notice to Customer;‬‭provided however in the event of emergency Service Change or Service Change due to‬‭inevitable reasons, such prior notice may not be available.‬‭3. Customer shall, at its own responsibility and cost, make any necessary change or adjustment‬‭of Customer's environment such as the configurations of Customer's appliances and alike which‬‭may become necessary for Customer to continue to utilize the Service as a result of the Service‬‭Change.‬‭ rticle 13‬ ‭(‭(‬ ‭S
A‬ uspension of Service)‬‭1. In the event of either of the following cases, HENNGE is entitled to suspend the Service;‬‭(1) Inability to utilize the facility which is set up by HENNGE to provide the Service‬‭("HENNGE Facility") or the facility of a telecommunications carrier or other party(ies) which is‬‭utilized to provide the Service (“Facility of Telecommunications Carrier and Others”) due to‬‭maintenance, inspections, construction work or failure of such each facility;‬‭(2) Inability to utilize HENNGE Facility or the Facility of Telecommunications Carrier and‬
‭Others due to power outage or other inevitable reasons;‬‭(3) Circumstances where HENNGE or the telecommunications carrier may not provide the‬‭Service, such as the government authorities' decisions, war, subversive activities, armed‬‭conflicts, embargo, fire, flood, or other serious disasters, pandemic, strikes or other labor‬‭dispute, stoppage or delay of transportation, failure, stoppage, or delay of any third party's‬‭service or communication methods which are not attributable to the supplier of the‬‭infrastructure, attacks by viruses and alike, denial-of-service attacks, mass transmission of spam‬‭mails, failure of any third party software, unavailability of raw materials, supplies, power‬‭supply, or appliances which are necessary to provide the Service, and any other reasons when‬‭the Service needs to be suspended; and‬‭(4) Any other reason which HENNGE determines as suspension of the Service is necessary.‬‭2. In the event that the Service needs to be suspended in accordance with the preceding‬‭paragraph, HENNGE shall provide Customer a prior notice; provided however in the event that‬‭such prior notice is not available due to emergency or other reasons, HENNGE shall provide a‬‭notice as soon as practicable.‬‭3. In the event that HENNGE becomes aware of any failure with the HENNGE Facility,‬‭ ENNGE shall immediately notify Customer and make efforts to repair or recover the‬H
‭HENNGE One Service without delay.‬‭4. When HENNGE becomes aware of any failure with the Facility of Telecommunications‬‭Carrier and Others which is leased to HENNGE in order to connect to the HENNGE Facility,‬‭HENNGE shall instruct the telecommunications carrier and other relevant parties which provide‬‭the Facility of Telecommunications Carrier and Others to repair or recover it.‬
‭5. In the event of any problem with respect to provision of the Service, Customer and HENNGE‬‭shall notify each other without delay and take necessary measures which are to be taken by each‬‭party upon consultation by both parties to determine such measures.‬‭6. HENNGE shall not be liable for any damage incurred by Customer due to suspension of the‬‭Service which is set forth in the Paragraph 1.‬‭ rticle 14‬ ‭(‭(‬ ‭RA‬ estriction of Use of Service)‬‭In the event of any emergency situations including but not limited to natural disasters or any‬
‭possibility thereof, HENNGE may, based on the Article 8 of the Telecommunications Business‬‭Act of Japan, take measures such as to partially suspend the utilization of the Service in order to‬‭prevent disasters or to facilitate rescues, transportation, communications, or to secure power‬‭supply or to give priorities to emergency communications which are necessary to maintain the‬‭order of the society or for public interests. In such case, the provision of the Paragraph 6 of the‬‭preceding article shall apply mutatis mutandis. ‬‭ rticle 15‬ ‭(‭(‬ ‭GA‬ uarantee of Service Availability)‬‭1. Among any of the service which consists the Service, in the event that the functionalities of‬‭the services which are covered by the service level guarantee ("Guaranteed Services") become‬‭unavailable and the monthly operational rate falls lower than a certain level, HENNGE shall,‬‭partially reduce the amount which will be charged to Customer for the renewal term of‬‭Individual Agreement if such renewal is made, based on Customer's reduction request, after the‬‭date of such reduction request.‬‭2. The details of the Guaranteed Services, operational rate, as well as the reduced amount shall‬‭be set forth in the Paragraph 6 of the exhibit hereto. ‬‭ rticle 16‬ ‭(‭(‬ ‭DA‬ iscontinuation of Service)‬‭1. HENNGE may discontinue the Service, whole or a part, at its discretion at any time.‬‭2. In the event of any discontinuation of the Service, whole or a part in accordance with the‬‭preceding paragraph, HENNGE shall provide Customer with at least six (6) months' prior‬‭notice. But in the case HENNGE Cloud Protection and HENNGE Connect , HENNGE shall‬‭provide Customer with at least one (1) month' prior notice.‬‭3. In the event that HENNGE Cloud Protection is discontinued in accordance with Paragraph 1,‬‭the support information of customers who have subscribed to HENNGE Cloud Protection may‬
‭be transferred to WithSecure K.K..‬‭4. In the event that the Service is discontinued, whole or a part, HENNGE shall, after such‬‭discontinuation date, refund Customer the amount which is equal to the Service Fee and‬‭consumption tax thereon calculated for the number of days of Customer's inability to use the‬‭Service due to such discontinuation (any fraction less than one (1) day shall be rounded up)‬‭from the Service Fee which was already paid by Customer. ‬‭Article 17‬ ‭(‭(‬ ‭T‬ ermination of Individual Agreement by Customer)‬‭ .‬ ‭Customer‬ ‭may‬ ‭terminate‬ ‭Individual‬ ‭Agreement‬ ‭by‬ ‭sending‬ ‭HENNGE‬ ‭at‬ ‭least‬ ‭one-month‬1‭prior notice from the date of its desired termination in a designated manner by HENNGE.‬‭2.‬ ‭Customer‬ ‭shall,‬ ‭upon‬ ‭arrival‬ ‭of‬ ‭the‬ ‭notice‬ ‭as‬ ‭set‬ ‭forth‬ ‭in‬ ‭the‬ ‭preceding‬ ‭paragraph‬ ‭at‬
‭HENNGE,‬ ‭immediately‬ ‭pay‬ ‭any‬ ‭unpaid‬ ‭Subscription‬ ‭Fee,‬ ‭Service‬ ‭Fee‬ ‭and/or‬ ‭late‬ ‭payment‬‭penalties, if any.‬‭ .‬ ‭In‬ ‭the‬ ‭event‬ ‭of‬ ‭termination‬ ‭by‬ ‭Customer‬ ‭as‬ ‭set‬ ‭forth‬ ‭in‬ ‭the‬ ‭Paragraph‬ ‭1,‬ ‭unless‬ ‭otherwise‬3‭specified‬‭herein,‬‭Customer‬‭shall‬‭pay‬‭HENNGE‬‭a‬‭penalty‬‭whose‬‭amount‬‭is‬‭equal‬‭to‬‭the‬‭Service‬‭Fee for the remaining period of the effective term as set forth in Individual Agreement.‬‭ rticle 18‬ ‭(‭(‬ ‭PA‬ rocess upon Termination of Individual Agreement)‬‭1. Upon termination of Individual Agreement, Customer shall promptly delete the software‬‭which was provided by HENNGE in order to utilize the Service as well as any related data‬‭(including any software, materials and copies thereof, whole or a part, which may be stored in‬‭the facilities which were set up by Customer in order to utilize the Service; same applies‬‭hereafter) under Customer's responsibility.‬‭2. Upon termination of Individual Agreement, HENNGE shall promptly delete the materials and‬‭copies thereof, whole or a part, which may be stored in the HENNGE Facility by Customer in‬‭order to utilize the Service (“Tenant Data”).‬‭3. HENNGE shall not be liable for any damage incurred by Customer or any third party in‬‭relation to the deletion of the Tenant Data pursuant to the preceding paragraph after termination‬‭of Individual Agreement.‬‭ rticle 19‬ ‭(‭(‬ ‭S
A‬ toppage of the Service and Termination of Individual Agreement)‬‭1. In the event that any of the following takes place to Customer, HENNGE may stop providing‬‭the Service or terminate Individual Agreement without notice;‬‭(1) If Customer ceases payment or if any note or check issued or underwritten by Customer is‬‭dishonored;‬‭(2) If a petition for bankruptcy, civil rehabilitation, corporate reorganization or special‬‭liquidation is filed;‬‭(3) If a petition for provisional seizure, seizure, provisional disposition or auction is filed;‬‭(4) If merger, dissolution, whole or a substantial part of business transfer, or discontinuation of‬‭its business is resolved;‬‭(5) If Customer interferes with the operation of the Service or defames HENNGE;‬‭(6) If Customer engages in an act to interfere with any third party's utilization of the Service or‬‭there is a possibility that Customer engages in such act;‬‭(7) If any false statement by Customer is discovered in the application form; or‬‭(8) If Customer is in breach of TOS as well as Individual Agreement (except for minor breach).‬‭2. Service Fee during such period when the Service is stopped in accordance with the preceding‬‭paragraph shall remain payable by Customer.‬‭3. In the event that Individual Agreement is terminated in accordance with the Paragraph 1‬‭herein, Customer shall lose the benefit of time in relation to any debt Customer owes to‬‭HENNGE and such debt shall become immediately due and payable by Customer to HENNGE.‬‭ . In the event that any of the following takes place to HENNGE, Customer may terminate‬4‭Individual Agreement without notice;‬‭(1) If HENNGE ceases payment or if any note or check issued or underwritten by Customer is‬‭dishonored;‬‭(2) If a petition for bankruptcy, civil rehabilitation, corporate reorganization or special‬‭liquidation is filed;‬‭(3) If a petition for provisional seizure, seizure, provisional disposition or auction is filed;‬‭(4) If merger, dissolution, whole or a substantial part of business transfer, or discontinuation of‬‭its business is resolved by HENNGE; or‬‭(5) If HENNGE defames Customer.‬‭ . In the event that Individual Agreement is terminated, regardless of the provisions of‬‭the‬5‭Paragraph 1,‬‭Article 5‬‭,‬‭Paragraph 1‬ ‭or‬‭the Paragraph 3,‬‭Article 7‬‭,‬‭Paragraph 3‬ ‭, HENNGE‬‭shall refund the amount which is equal to the Service Fee and consumption tax thereof‬c‭ alculated for the remaining number of days (any fraction less than one (1) day shall be rounded‬‭up) of the effective term as set forth in Individual Agreement.‬‭ rticle 20‬ ‭(‭(‬ ‭SA‬ ubcontract)‬‭HENNGE may subcontract to any third party, its necessary work to provide Customer with the‬‭Service, whole or a part, at HENNGE's sole discretion. In such case, HENNGE shall ensure that‬‭its subcontractor shall comply with the same obligations as HENNGE bears hereunder and‬‭HENNGE shall be responsible to supervise its subcontractor. ‬‭ rticle 21‬ ‭(‭(‬ ‭I‬ ntellectual Property Rights)‬
A‭All the intellectual property rights including but not limited to copyrights, patents, trademarks in‬‭relation to the Service, any other service which is necessary to provide the Service, as well as‬‭any copyrighted material and technology shall remain the properties of HENNGE and their‬‭original right holders.‬‭ rticle 22‬ ‭(‭(‬ ‭AA‬ ssignment of Rights and Obligations)‬‭Customer may not license, assign or transfer or any of its rights nor obligations in relation to‬‭utilization of the Service nor offer them as security to any third party nor cause any third party‬‭to succeed them without prior written consent by HENNGE.‬‭ rticle 23‬ ‭(‭(‬ ‭DA‬ amage Compensation)‬‭In any event HENNGE's entire liability to any damage incurred by Customer due to reasons‬‭attributable to HENNGE shall not exceed the total amount of Service Fee which was actually‬‭paid to HENNGE by Customer during the twelve months period retroactively calculated from‬‭the date when the relevant damage occurred.‬‭ rticle 24‬ ‭(‭(‬ ‭DA‬ isclaimers)‬‭1. Except as otherwise specified herein, all the information, contents, and services available to‬‭Customer through HENNGE shall be provided on "as is" basis and HENNGE shall make no‬‭warranties whatsoever, express or implied. Customer is deemed to have agreed and accepted to‬‭utilize the Service under its own responsibility.‬‭2. HENNGE's liability in relation to or arising out of the provision of the Service shall be‬‭limited to the scope specified by the preceding article regardless of their reasons and in no event‬‭whether in default, tort, nor regardless of the cause of action, shall HENNGE be liable for any‬‭damage incurred by Customer or Users due to following reasons;‬‭(1) Force majeure such as natural disasters, riots, and public disturbance;‬‭(2) Problems in Customer's network environment such as problems of Customer's facility or‬‭internet connection service failure to HENNGE Facility or to the Facility of‬‭Telecommunications Carrier and Others;‬‭(3) Damage due to performance values of the internet connection service, such as response time‬‭from HENNGE Facility or from the Facility of Telecommunications Carrier and Others;‬‭(4) Damage due to Customer's or Users’ non-compliance of HENNGE's designated procedures‬‭and/or security measures;‬‭(5) Damage due to services provided by any other third party than HENNGE;‬‭(6) Compulsory dispositions based on the provisions of Criminal Procedure Code or laws‬‭related to communication interception for criminal investigations, court orders or based on‬‭applicable laws and regulations due to reasons not attributable to HENNGE; or‬‭(7) Any other reason which is not attributable to HENNGE.‬‭3. HENNGE shall not be liable for any dispute between Customer and any third party which‬‭was caused due to Customer’s or Users' utilization of the Service.‬‭Article 25‬ ‭（‭(‬ ‬‭Prohibited Matters）‬

‭ . Customer shall be prohibited from the following conducts in relation to utilizing the Service;‬1‭(1) Infringe HENNGE or any third party's intellectual property rights such as copyright,‬‭trademark, or any other rights, or such conduct which is likely to cause infringement of such‬‭rights;‬‭(2) Alter or delete the content of the Service or any information which may be made available‬‭by the Service;‬‭(3) Make the Service available to any third party in breach of TOS;‬‭(4) Share one user ID among multiple people; provided however it shall not apply in the event‬‭that the number of user IDs which are applied by Customer is larger than total number of actual‬‭Users;‬‭(5) Act in violation of laws and regulations or public order and morality or to cause harm to‬‭HENNGE or any third party;‬‭(6) Discriminate, dishonor, or defame others;‬‭(7) Act which is or may be linked to a crime, such as a fraud;‬‭(8) Transmit or upload obscene, child-pornographic, or child-abusive images and/or materials;‬‭(9) Open chain mail accounts or solicit thereof;‬‭(10) Utilize the Service pretending to be somebody else (spoofing);‬‭(11) Transmit or upload malicious computer programs, such as computer viruses, worms, or‬‭Trojan Horses;‬‭(12) Send unsolicited advertising or promotional emails or send spam emails and other emails‬‭which are or which may be annoying to a third party;‬‭(13) Act which may cause problems to utilization or operation of a third party facility or‬‭HENNGE Facility or act which is likely to cause such problems;‬‭(14) Unauthorized access to the HENNGE website, services, and other related network; or‬‭(15) Copy any HENNGE Device Certificate;‬‭(16) Use of‬ ‭the Service for the purpose of researching, developing, or selling products‬‭similar to‬ ‭the Service by oneself or a third party;‬‭(17) Investigation or verification on the assets and the security structure of the services provided‬‭by HENNGE without obtaining prior consent by HENNGE; and‬(‭ 18) Provide links in such a manner or a purpose to encourage any act knowingly that such act‬
‭falls under either of those listed above ;‬‭2. When either of such conduct as listed above come to Customer's knowledge or such conduct‬‭may be anticipated by Customer, Customer shall immediately notify HENNGE.‬‭3. In the event that HENNGE comes to know that Users' conduct which fall under either of the‬‭items listed in‬‭the‬‭P‭p‬ ‬‭aragraph 1 above, or information provided by Users is related to any of the‬‭conduct which falls under either of the items in the said paragraph, HENNGE shall be entitled‬‭to stop the Service, whole or a part, or delete any information which is affected by such conduct;‬‭provided however that HENNGE shall have no obligation to monitor Users' conduct or the‬‭information (including Customer Data and other contents) which is provided or transmitted by‬‭User (which may be deemed as use by Customer).‬‭ . In the event that HENNHE stops providing the Service, whole or a part, based on the‬4‭preceding paragraph, the provision of‬‭the Paragraph 2,‬‭Article 19‬ ‭, Paragraph 2‬‭herein shall‬‭apply mutatis mutandis.‬‭ rticle 26‬ ‭(‭(‬ ‭RA‬ esale)‬‭Customer may be able to utilize the Service for the sole purpose of its own use and may not‬‭utilize the Service without prior written consent from HENNGE to incorporate as a part of‬‭Customer's service to be provided to a third party or as another service provided by Customer or‬‭as an ancillary service to such services provided by Customer, whether such service is charged‬‭or free-of-charge. ‬‭ rticle 27‬ ‭(‭(‬ ‭AA‬ mendment of TOS)‬‭1. HENNGE may, in accordance with the Civil Code and other laws and regulations, amend‬‭TOS or change the content of or partially discontinue the Service at any time without obtaining‬‭consent from Customer and Users separately and individually.‬‭2. Amendment of TOS as set forth in the preceding paragraph shall take effect on the date of‬‭such amendment and the amended TOS shall apply to Users who utilizes the Service after such‬‭effective date.‬‭ . In the event that HENNGE amends TOS, HENNGE shall provide Customer at least one‬3
‭month prior notice on its web support site（https://support.hdeone.com/hc/en-us）provided‬‭however it shall not apply to minor amendment which shall not cause any disadvantage to‬‭Customer, such as modifications of the wording, and such minor amendment shall be notified in‬‭such a manner as deemed appropriate by HENNGE.‬‭ rticle 28‬ ‭(‭(‬ ‭NA‬ otice)‬‭1. Any notice from HENNGE to Customer shall be sent by email or be announced on its web‬‭support site unless otherwise specified herein or in TOS. ‬‭2. Based on the preceding paragraph, in the event that HENNGE provides a notice to Customer‬‭by email or announcement on its web support site, such notice shall take effect at the time of‬‭arrival of such email at Customer or posting such announcement on its web support site.‬‭ ．In the event of any change in information which was set out in the application form and‬3
‭submitted to HENNGE (including but not limited to the company name, contact person, the‬‭number of Licenses and domain), Customer shall promptly update such change by utilizing the‬‭HENNGE's designated change form whenever such change takes place.‬‭ rticle 29‬ ‭(‬ ‭(‭CA
‬ onfidentiality)‬‭1. HENNGE shall not, in providing the Service, disclose to or provide any third party with any‬
‭information which is acquired from Customer‬‭(“Customer Confidential Information”)‬‭nor utilize‬‭such information beyond the scope which is necessary to prevent unauthorized utilization or to‬‭provide, develop, improve and propose‬‭products and services handled by HENNGE, including‬‭the Service.‬‭However, HENNGE may disclose Customer Confidential Information to a third party to the‬‭extent necessary in case of either of the following;‬‭(1) When it is necessary for HENNGE to ensure the smooth provision of the Service due to an‬‭Customer's violation of this Terms of Service or an Customer's conduct that interferes with the‬‭provision of the Service‬‭(2) When it is necessary to prevent unauthorized utilization of the Service, or to provide,‬‭develop, improve, or propose the products and services handled by HENNGE, including the‬‭Service, to subsidiaries, affiliates, or outside contractors of HENNGE, or when the handling of‬‭such information is entrusted to contractors‬‭2. HENNGE may analyze Customer Confidential Information for statistical purposes in such a‬‭way that Customer and specific individuals cannot be identified, and may publish the statistical‬‭results to the public.‬‭3. Customer shall not use the information listed in each of the following items ("HENNGE‬‭Confidential Information") for any purpose other than the use or consideration of the products‬‭and services handled by HENNGE including the Service, and shall not disclose or provide‬‭HENNGE Confidential Information to any third party without prior written consent from‬‭HENNGE other than its own officers and employees who need to know such information for‬‭such purpose.‬‭(1)Information that HENNGE has designated or notified as confidential and provided to‬‭Customer.‬(‭ 2)HENNGE's business or technical information acquired in connection with or in the course of‬‭using the Service.‬‭(3)User ID, password, and other information provided by HENNGE exclusively to users of the‬‭Service.‬‭4‭2‬ ‭.‬ Notwithstanding‬‭Paragraph 1 and‬‭the foregoing,‬‭the Receiving Party (either Customer or‬‭HENNGE who receives Confidential Information; The same shall apply hereinafter)‬‭HENNGE‬‭may disclose information obtained from‬‭the Disclosure Party (either Customer or HENNGE‬‭who provides the Confidential Information; the same shall apply hereinafter)‬‭Customer‬‭to a third‬‭party in case of either of the following;‬‭(1)‬‭The Disclosure Party‬‭Customer‬‭'s prior consent is obtained;‬‭(2) Such disclosure is based on applicable laws and regulations;‬‭(3) Information which was already in possession of‬‭the Receiving Party‬‭HENNGE‬‭at the time of‬‭acquisition of such information‬‭by HENNGE‬‭from‬‭Customer‬‭the Disclosing Party‬‭;‬‭(4) Information which is already known to public at the time of acquisition of such information‬‭by HENNGE‬‭from‬‭Customer‬‭the Disclosing Party‬‭;‬‭(5) Information which becomes public without fault of‬‭HENNGE‬‭the Receiving Party‬‭after‬‭acquisition of such information‬‭by HENNGE‬‭from‬‭Customer‬‭the Disclosing Party‬‭;‬‭(6) Information which is rightfully acquired by‬‭HENNGE‬‭the Receiving Party‬‭from a duly‬‭authorized third party; or‬‭(7) Information which is originally developed or acquired by‬‭HENNGE‬‭the Receiving Party‬‭without referring to the information acquired from‬‭Customer‬‭the Disclosing Party‬‭.‬‭3. In the event that Customer is in breach of TOS or engages in any conduct to disturb the‬‭provision of the Service, HENNGE may utilize the information acquired from Customer or‬‭provide it to a third party to the extent necessary in order to ensure smooth provision of the‬‭Service.‬‭Article 30‬ ‭(‭(‬ ‭P‬ rotection of Personal Data)‬‭1.‬‭HENNGE‬‭shall,‬‭in‬‭either‬‭case‬‭falling‬‭under‬‭the‬‭following‬‭items,‬‭handle‬‭personal‬‭data‬‭(which‬‭is‬‭prescribed‬‭in‬‭the‬‭Act‬‭on‬‭Protection‬‭of‬‭Personal‬‭Information‬‭of‬‭Japan)‬‭in‬‭compliance‬‭with‬‭the‬‭laws‬ ‭and‬‭regulations‬‭and‬‭various‬‭guidelines‬‭regarding‬‭protection‬‭of‬‭personal‬‭information‬ ‭in‬‭providing the Service;‬‭(1) As HENNGE creates Customer’s tenants as it provides the Service;‬‭(2)‬ ‭As‬ ‭HENNGE‬ ‭undertakes‬ ‭the‬ ‭configuration‬ ‭work‬ ‭on‬ ‭behalf‬ ‭of‬ ‭Customer‬ ‭based‬ ‭on‬
‭Customer’s‬ ‭request‬ ‭while‬ ‭providing‬ ‭the‬ ‭“HENNGE‬ ‭One‬ ‭Onboarding‬ ‭Support”‬ ‭in‬ ‭the‬ ‭S‬‭ervice;‬‭(3‬ ‭) As HENNGE undertakes the configuration work on behalf of Customer based on‬‭Customer’s request to Customer who utilizes the HENNGE Email DLP or HENNE Access‬‭Control‬ ‭;‬‭(4) As HENNGE confirms and analyzes the contents of reports regarding targeted attack emails‬‭,‬‭and creates a list of targeted attack email training service targets to be provided to Customer, to‬‭Customer who utilizes the Tadrill‬‭;‬‭(‭5‬ ‬‭4‬ ‭) As HENNGE receives error information and other information to examine as a result of‬‭analyzing Customer’s mails, utilizing the mail analysis program created by HENNGE based on‬‭Customer’s request‬‭; or‬‭(‬‭6‬‭5‭)‬ ‬ ‭As HENNGE takes necessary actions, such as to monitor‬ ‭, analyze‬ ‭, examine‬‭, and investigate‬ ‭the Customer Data based on the provision of‬‭the Paragraph 6 ,‬‭Article 9‬‭, ‬‭Paragraph 6‬‭herein.‬‭2. HENNGE shall observe the scope of purpose of use as stated in each item of the preceding‬‭paragraph and shall not exceed such scope in handling the personal data; provided however the‬‭cases which fall under any of the following items shall be excluded;‬‭(1) In the event that a prior consent of the individual who is identifiable by such personal data‬‭(“Individual”) is obtained;‬(‭ 2) In event that the handling of the personal data is based on the relevant laws and regulations;‬‭(3) In the event that there is a necessity to protect human life, body or asset and obtaining‬‭consent of the Individual is difficult;‬‭(4)‬‭In the event that there is a necessity to improve‬‭public health or to promote sound‬‭upbringing of children and obtaining the consent of the Individual is difficult;‬‭(5) In the event that there is a necessity to cooperate with governmental institutions or local‬‭governments, or any party which is entrusted thereby to fulfill their work based on the‬‭applicable laws and regulations and such fulfillment of work may likely to suffer an adverse‬‭effect by obtaining consent of the Individual;‬‭3. Upon termination of the Individual Agreement, HENNGE shall delete the personal data by‬‭deleting the Tenant Data pursuant to the provision of‬‭the Paragraph 2,‬‭Article 18‬‭, Paragraph 2‬‭.‬‭4. HENNGE shall take necessary and appropriate measures to manage security of the personal‬‭data from systematic, personal, as well as technical point of view to prevent leakage, loss or‬‭damage of the personal data and continue to improve such measures.‬‭5. HENNGE shall designate a manager who is responsible for managing the personal data.‬‭6. HENNGE shall conduct necessary and appropriate supervision of its officers and employees‬‭(those who engage in work of HENNGE and HENNGE’s affiliates regardless of their form of‬‭contract and including temporary workers who are dispatched from temporary staffing agencies‬‭and subcontractors) as they handle the personal data to ensure security of such data.‬‭7. HENNGE shall report to the relevant government ministries and agencies in the event of‬‭leakage, loss, damage, or any other matter related to ensuring security of the personal data to be‬‭handled and such matters which are prescribed by the Rules of Personal Information Protection‬‭Committee as likely to cause harm to the rights and interests of an Individual, in which case,‬‭HENNGE shall provide a notice to the relevant Individual through providing a prior notice to‬‭Customer;‬‭8. HENNGE shall, in the event of delegating handling of the personal data, whole or a part, to a‬‭third party based on the Article 20, HENNGE shall, in order to ensure secure management of‬‭such personal data to be handled, select such third party prudently upon confirming such third‬‭party’s protection mechanism of the personal data and shall conduct necessary and appropriate‬‭supervision of such third party;‬‭9. HENNGE shall not provide nor disclose the personal data to any third party except that;‬‭(1) The Individual consents to such provision or disclosure of the personal data;‬‭(2) Handling of the personal data is delegated, whole or a part, within the necessary scope to‬‭achieve the purpose of use as provided in each item of‬‭the‬‭Paragraph 1;‬‭(3) The personal data is provided as the business is succeeded due to mergers or other reasons;‬‭(4) The personal data is jointly utilized based on the provisions of HENNGE Policy on‬‭Protection of Personal Information; and‬‭(5) Otherwise permitted under the Act on Protection of Personal Information of Japan;‬‭10. HENNGE shall not provide the personal data to any third party located overseas; provided‬‭however, cases as follow shall be excluded and HENNGE may provide personal data only to‬‭such third parties located overseas, unless it is permitted under the relevant laws and regulation,‬‭as having a protection mechanism which satisfies the standard required by the Act on Protection‬‭of Personal Information of Japan and HENNGE shall take necessary measures that such‬‭mechanism shall be maintained in a continued manner;‬‭(1) The Individual consents to the transfer of the personal data;‬‭(2) HENNGE provides the personal data to the party to whom it delegates the handling of the‬‭personal data; or‬‭(3) Personal data is jointly utilized based on the provisions of HENNGE Policy on Protection of‬‭Personal Information;‬‭11. In the event that the General Data Protection Regulation of the EU(“GDPR”) is applicable to‬‭Customer and Customer acts as the “controller” of the personal data pursuant to the GDPR,‬‭ ENNGE shall, in addition to the preceding each item, comply with the provisions of the‬H
‭GDPR as the “processor” thereunder to the extent that the GDPR applies. In such case,‬‭HENNGE shall, based on the written (including electromagnetic) instructions from Customer,‬‭act for Customer, such as supporting Customer’s compliance with the GDPR. Customer shall,‬‭under its own responsibility, be responsible for obtaining consent for utilizing the personal data‬‭which is necessary to utilize the Service.‬‭ rticle 31 (Elimination of Anti-social Forces)‬A‭1.‬‭Customer and‬‭HENNGE‬‭and Customer‬‭hereby represent and warrant that the parties‬‭themselves, their officers (including their advisors, consultants, executive officers and those‬‭who factually participate in the management of the entities regardless of their titles), their‬‭employees and Users do not and will not fall under either of the following ("Anti-social Forces)‬‭"as well as they do not and will not have any relationship with Anti-social Forces;‬‭(1) "Boryokudan" gangsters, members or associated members of Boryokudan gangsters,‬‭Boryokudan-affiliated companies, professional troublemakers at stockholders' meetings‬‭(Sokaiya), new gangs pretending to be social activists, organized crime-related specialists and‬‭alike" listed in the "Measures Against Organized Crimes" published by the National Police‬‭Agency of Japan and other similar type of people;‬‭(2) those who are recognized as having‬ ‭strong personal, financial, and/or economic‬‭relationship with such people as listed above, by such conducts as providing funds or benefits to‬‭them, or utilizing them in order to gain unfair advantages;‬‭2.‬‭Customer and‬‭HENNGE‬‭and Customer‬‭covenant that they will not engage in or cause any‬
‭third party (including Users) to engage in any of the following conducts;‬‭(1) Conducts resorting to fraudulent method, violence, or menacing speech;‬‭(2) Illegal conducts or making undue demands;‬‭(3) interference of others' businesses;‬‭(4) defamation of others; and/or‬‭(5) any other similar conduct to those as listed above;‬‭3.‬‭Customer and‬‭HENNGE‬‭and Customer‬‭shall cooperate in the event that the other party‬‭requests any necessary measures to counter any of such conduct listed in the preceding‬‭paragraph; also, either party shall respond within a reasonable period of time in the event that‬‭one party notifies of the possibility of the other party's violation of any paragraph herein.‬‭4. Either‬‭Customer or‬‭HENNGE‬‭or Customer‬‭may immediately stop providing the Service or‬‭terminate Individual Agreement without notice in the event that other party is in violation of‬‭either of the paragraph herein (including when the response provided based on the preceding‬‭paragraph is not reasonable) without incurring any liability to the other party.‬‭ rticle 32 (Survival)‬
A‭The provisions of Article 4, Paragraph 2 “Linkage with External Service”, Article 5, Paragraph‬‭2 “Minimum Use Term”, Article 7, Paragraph 3 “Service Fee”, Article 9, Paragraph 4‬‭“Utilization by Users”, Article 10 “User ID and Password”, Article 11 “Backup”, Article 13,‬
‭Paragraph 6 “Suspension of Service”, Article 14 “Restriction of Use of Service”, Article 16,‬
‭Paragraph 4 “Discontinuation of Service”, Article 17, Paragraph 3 “Termination of Individual‬‭Agreement by Customer”, Article 18 “Process upon Termination of Use Agreement”, Article‬‭19, Paragraphs 3 and 5 “Stoppage of the Service and Termination of Individual Agreement”,‬‭Article 22 “Assignment of Rights and Obligations”, Article 23 “Damage Compensation”,‬‭Article 24 “Disclaimers”, Article 29 “Confidentiality”, Article 30 “Protection of Personal Data”,‬‭Article 31, Paragraph 4 “Elimination of Anti-social Forces”, Article 33 “Governing Law and‬‭Court of Jurisdiction”, Article 34 “Consultation” and this Article shall apply even after‬‭termination of the Use Agreement, regardless of the cause of termination.‬‭ rticle 3‬‭3‬‭2‬ ‭(‭(‬ Governing Law and‬‭Court of Jurisdiction)‬
A‭The formation, effect, interpretation and performance of TOS shall be governed by the laws of‬‭Japan and any dispute related to TOS and utilization of the Service between Customer and‬‭HENNGE shall be submitted to the Tokyo District Court as the exclusively agreed jurisdictional‬‭court of first instance.‬‭ rticle 3‬‭4‬‭3‬ ‭(‬‭(‭CA‬ onsultation)‬‭All issues that are not set forth in TOS or all disputes, controversies or differences which may‬‭arise between the parties, out of or in relation to or in connection with TOS shall be resolved by‬‭the parties after discussion in good faith. ‬‭ rticle 35 (Governing Language)‬
A‭The governing language of TOS shall be Japanese. This English translation hereof is made for‬‭reference purpose only and shall have no effect.‬‭ xhibit‬
E‭Each provision herein applies in relation to the services for which Customer has submitted a‬‭purchase order form to HENNGE;‬‭1. Service Menu‬‭(1) HENNGE Email DLP:‬‭HENNGE Email DLP is a service to prevent missending of emails from Exchange Online(*2)‬‭or Google Workspace Gmail for Business Web Mail Service(*1) under the condition that the‬‭mail sending does not exceed the limit outlined in the following article‬‭(https://support.hdeone.com/hc/ja/articles/360017461194).‬‭(2) HENNGE Email Archive:‬‭HENNGE Email Archive provides a long-term email backup storage service in auxiliary to the‬‭email storage provided by Exchange Online(*2) or Google Workspace Gmail for Business Web‬
‭Mail Service(*1). The service will archive sent and received emails if and only if the total‬‭number of messages do not exceed 4,000 per user per day and the email is under a certain size‬‭that can be successfully indexed.‬‭(3) HENNGE Cloud Protection: Uses WithSecure™ Elements Collaboration Protection (*6),‬‭and detects dangerous email accounts and malicious inbox rules in Microsoft 365 emails.‬‭Advanced Threat Detection runs suspicious files in a quarantined virtual sandbox environment‬‭and provides advanced security analysis services.‬‭(4) HENNGE Access Control:‬‭Provides access control service to be utilized for single sign-on, restriction of access, and so on.‬‭(5) HENNGE Secure Browser:‬‭Provides application to securely utilize such devices as PCs, tablets, and smartphones.‬‭(6) HENNGE Device Certificate (*Optional)‬‭Provides access control service by using Cybertrust Device ID(*3), install HENNGE Device‬‭Certificate in a device and specify available HENNGE Device Certificate.‬‭(7) HENNGE Lock‬‭HENNGE Lock is an application for login confirmation or being the hub for reading the‬‭HENNGE Device Certificate when users login to HENNGE Access Control.‬‭(8) HENNGE Connect:‬‭Uses ngrok (*7) to provide a seamless remote access environment to on-premise systems which‬‭can be access controlled by HENNGE Access Control.‬‭(9) HENNGE Secure Transfer:‬‭Provides service which allows a sender User or a receiver User to download files from the web‬‭service which are uploaded by them to the web service within such limitations as up to a certain‬‭capacity and the number of downloads.‬‭(10) HENNGE File DLP:‬‭Provides a centralized visualization of the sharing status of multiple cloud storage services and‬‭allows admins to change permission settings to prevent information leaks due to inappropriate‬‭sharing scope settings.‬‭(11) HENNGE Tadrill:‬‭Provides services to establish countermeasures against targeted attack emails through the‬‭training email delivery function and the suspicious email reporting function.‬‭ . Terms of Provision‬2・ ‭T‭‬ o use this service, you need to meet the requirements‬‭which are described in following‬‭article.‬‭Supported environments for HENNGE One‬‭https://support.hdeone.com/hc/en-us/articles/360004121574‬‭ . Onboarding Support‬
3・ ‬‭The Onboarding Support Scope is limited to the followings.‬‭❏‬‭‭General guide and instruction documents about the‬‭our service features.‬❏‬‭‭The standard information or documents that are required‬‭during the implementation‬‭phase.‬❏‬‭‭The proposal to satisfy customer requirements during‬‭the implementation or the utility‬‭phase.‬❏‬‭‭The initial setup during the implementation phase.‬‭ he following tasks are beyond the scope of the Onboarding Support.‬
T‭(Those tasks that are out of the scope is not limited to the examples given in the following.)‬❏‬‭‭Project managing tasks such as issue management‬‭and schedule management.‬❏‬‭‭Customization of the standard information or sample‬‭programs that are specific to‬‭particular requirements‬❏‬‭‭Tasks related to configuration, connection and operation‬‭testing of external services‬‭such as Microsoft 365(*2), Google Workspace(*1) or Active Directory(*2).‬‭ ‬‭Other Information for the Onboarding Support‬
・❏‬‭‭We will receive inquiries Emails via the support‬‭window between 10:00~18:00‬‭HENNGE business days (excluding Saturdays, Sundays, Japan National Holidays and any other‬‭HENNGE holidays).‬❏‬‭‭We may take longer to respond to more sophisticated‬‭inquiries.‬❏‬‭‭Meetings will be conducted remotely if necessary.‬❏‬‭‭If the issues that arise during the Onboarding Support‬‭phase is caused by services‬‭provided by other companies (e.g. Microsoft Corporation / Google LLC), we may request you‬‭to redirect the inquiries to corresponding support windows.‬‭4. Support Menu and Conditions of Support‬‭Items‬‭ upport‬
S‭Time‬‭Content‬‭Notes‬‭10:00‬‭〜‬‭18:00‬‭ ENNGE business days (excluding‬H‭Saturdays, Sundays, national‬‭holidays and other HENNGE‬‭holidays) in principle.‬‭*Same day response is not‬‭guaranteed.‬‭ 4 hours (For‬2‭emergencies)‬‭ 4 hours support in case of‬2‭emergencies, such as major‬‭technical problems and recovering‬‭the service shall be the highest‬‭priority. During outside of service‬‭hours, however, update is provided‬‭on the status dashboard.‬‭24 hours‬‭ 4 hours support. Cases which are‬2
‭not classified as "High" in terms of‬J‭ apan‬‭Domesti‬‭c‬‭Overseas‬‭ riority, however, will be supported‬p‭during Japanese business hours.‬‭*Same day response is not‬‭guaranteed.‬‭Telephone‬‭ uring outside of service hours,‬D‭requests only for cases which are‬‭classified as "High" in terms of‬‭priority as described in the‬‭following‬‭P‭p‬ ‬‭aragraph 5 of this‬‭exhibit by both parties shall be‬‭accepted.‬‭Among requests and inquiries which‬‭are made outside of service hours,‬‭cases which are classified as‬‭"Medium" and "Low" shall be only‬‭accepted on the same day and their‬‭support shall commence from the‬‭next business day or later.‬‭*The contact phone number shall be‬‭notified upon commencement of the‬‭service.‬‭Emails‬‭ ccepted 24 hours. However please‬A‭note that responses are made during‬‭Japanese business hours.‬‭*Contact us by telephone in case of‬‭emergencies.‬‭*The contact mailing address shall‬‭be notified upon commencement of‬‭the service.‬‭ ll functionalities of‬A‭the Service and all‬‭technical problems of‬‭the Service‬‭ egular Support:‬
R‭Only for such problems which‬‭cannot be resolved by Customers'‬‭referring to the operational manual‬‭and the web support site.‬‭Emergency Support:‬‭Only for cases which are agreed as‬‭"High" in terms of priority as‬‭described in the Paragraph 5 of this‬‭exhibit by both parties shall be‬‭accepted.‬‭ ccepting‬A‭Support‬‭Request‬J‭ apan‬‭and‬‭Overseas‬‭Coverage‬‭ etup‬S‭Service‬‭ ontents of the setup service‬C‭including Support Plus‬‭ etup service (including Support‬
S‭Plus) is a service HENNGE One‬
‭support staff can access customer’s‬‭ ENNGE One environment as a‬H‭proxy and configure the settings on‬‭the customer’s behalf.‬‭ arget Services‬
T‭HENNGE One support staff will‬‭carry out the necessary setting‬‭changes on behalf of the customer in‬‭accordance with the customer's‬‭requirements on the admin page of‬‭the following two services.‬‭1.HENNGE Access Control‬‭2 HENNGE Email DLP‬
‭ pecial note‬S・‬‭‭In order to avoid access to‬‭sensitive information (such as single‬‭sign-on settings, user password‬‭reset, etc.), the HENNGE One‬
‭support staff may refuse to work on‬‭your request.‬
・‬‭‭In principle, all customers will be‬‭served on a first-come, first-served‬‭basis.‬・‬‭‭We would not prepared a specific‬‭application form, but customers‬‭must provide their own work‬‭instructions for the setup.‬・‬‭‭The HENNGE One support staff‬‭may confirm the requirements with‬‭the customer if there is anything‬‭unclear.‬・‬‭‭The minimum response time is 3‬‭business days for minor‬‭configuration changes, and 10‬‭business days for major‬‭configuration changes, depending‬‭on the busy season.‬・‬‭‭Although we take the utmost care‬‭when configuring customer’s‬‭environment, we always ask our‬‭customers to verify the operation of‬‭the changes by themselves.‬
・‬‭‭This is not a service that promises‬‭a desired date for all customers.‬‭ Use of Cybertrust Device ID or other external services for purposes other than HENNGE One‬*‭is outside the scope of the support description above.‬‭ . Case Management and Initial Response Time‬5‭(1) Case Management and Definitions of Priorities‬‭HENNGE shall manage the support cases based on the relative priorities and deal with them‬‭accordingly.‬‭Priorities are determined based on the following criteria;‬‭High‬‭ ‬‭Problems which affect the continuity of Customer's‬‭business by interruption‬✓‭of the service functionality;‬✓ ‬‭Problems which may cause loss of Tenant Data or‬‭security issues;‬‭✓ ‬‭Other problems which are agreed as high priority‬‭between Customer and‬‭‭HENNGE;‬‭Medium‬‭ ‬‭Requests for setting change (Setup service including‬‭Support Plus)‬✓✓ ‬‭Problems with workaround solutions;‬‭✓ ‬‭Problems which manifest under certain conditions;‬
‭

‭Low‬

‭ ‬‭Inquiries on general operational procedures, settings,‬‭and functionalities;‬✓✓ ‬‭Inquiries, requests and other matters which are‬‭not urgent;‬‭✓ ‬‭Inquiries regarding support knowledge;‬‭‭ Priorities may be adjusted after investigation by the HENNGE One support staff.‬*‭e.g., Revising the priority from "High" to "Medium" after workaround is found and provided.‬‭*Regardless of the criteria, resolution may take several days due to necessary investigations and‬‭analysis.‬(‭ 2) Target Initial Response Time by Priority‬‭HENNGE sets the Target Initial Response Time by priority. In order for our initial response to‬‭be precise and relevant, it is mostly appreciated that Customer provides as much information as‬‭possible with respect to the problem, such as its impact and scope, whether it can be reproduced‬‭or not, what steps to take to reproduce, and so on.‬‭High‬‭ argeted to provide within 2 business hours of initial response and HENNGE's‬
T‭biggest focus is to recover the service.‬‭Medium‬‭Targeted to provide within 6 business hours of initial response.‬‭Low‬‭Targeted to provide within 8 business hours of initial response.‬‭ . Guarantee of Service Availability‬
6‭HENNGE guarantees the availability of its services as specified below, which is the basic policy‬‭for all HENNGE One plans.‬‭(1) Guarantee of Availability‬‭HENNGE guarantees 99.9% of service operation rate.‬(‭ 2) Covered Services‬‭Services which are covered by the guarantee of availability shall be as follows in terms of each‬‭service menu.‬‭Service Menu‬‭Service which are covered‬‭ ENNGE‬H‭Email DLP‬

‭ MTP mail reception service of the SMTP service for transmission relay;‬S‭SMTP mail transmission service of the SMTP service for transmission‬‭relay‬‭ ENNGE‬H‭Email Archive‬‭ MTP mail reception service of the SMTP service for transmission and‬S
‭reception as well as archive relay; SMTP mail transmission service of the‬‭SMTP service for transmission and reception as well as archive relay‬‭ ENNGE‬H‭Access Control‬‭Single sign-on service via HTTP‬‭ ENNGE‬H‭Secure‬‭Transfer‬‭ ile upload service via HTTP‬
F‭File download service via HTTP‬‭(3) Definition of Operation Rate‬‭●‬ ‭Operation rate is calculated by subtracting the total of the downtime rate and the‬‭undelivered mail rate from 100%. If they are caused by the same factor, the larger‬‭of the two will be used for calculation.‬‭o‬ ‭Downtime rate is dividing the total downtime minutes of each month by the‬‭total operation minutes of the month.‬‭▪‬ ‭Downtime period shall mean the timeframe when the Downtime‬‭which lasts for more than 10 minutes which is detected by the‬‭HENNGE monitoring system. Downtime which is less than 10‬‭minutes will not be counted as the Downtime period.‬‭▪‬ ‭Downtime shall mean the total of time when the covered service is‬‭completely suspended due to any failure or problem. Under the‬‭situation where mail deliveries are delayed or access to the desired‬‭console is temporarily slow or difficult, but the service continuity is‬‭not affected even with partial technical failure or a problem, such‬‭period shall not be considered as the Downtime, while HENNGE‬‭shall work hard to resolve such failure or problems.‬‭o‬ ‭The undelivered mail rate is defined as the rate of the number of‬‭undelivered mails divided by the total number of mails sent on a monthly‬‭basis.‬‭▪‬ ‭Undelivered mail is defined as mail for which HENNGE has‬‭detected a loss of customer mail data due to HENNGE's fault‬‭within the HENNGE facilities, and for which HENNGE has‬‭determined that it is technically impossible to recover the data.‬‭▪‬ ‭The services for which the undelivered mail rate is calculated are‬
‭HENNGE Email DLP and HENNGE Email Archive.‬‭●‬ ‭Downtime rates and undeliverable email rates caused by, or related to, the following‬‭factors will not be measured in the calculation of uptime rates.;‬‭o‬ ‭Article 14 and 15 of TOS;‬‭o‬ ‭Unavailability or delay of SMTP due to third party's flow limitation;‬‭o‬ ‭Infinite loupe of mails due to Customer's designated or authorized transfer‬‭settings and alike by Customer or any third party;‬‭o‬ I‭ naccessibility due to Customer's environment, such as Customer's internet‬‭network and firewall;‬‭o‬ ‭Failure of the Internet which hinders access to Customer's account;‬‭o‬ ‭DNS-related problems which are beyond HENNGE or telecommunication‬‭service provider's control;‬‭o‬ ‭Inaccessibility to the administrator console;‬‭o‬ ‭Customer's acts or omissions（or of any third party designated or‬‭authorized by Customer）;‬‭o‬ ‭In spite of actual availability, access is seemingly unavailable due to DNS‬
‭cache issues and alike;‬‭o‬ ‭Inability of the‬‭Integration‬‭due to issues taking‬‭place at the service‬‭provider; and‬‭o‬ ‭Failure or delay in mail transmission due to erroneous detection by major‬‭DNSBL‬(‭ 4) If the event that monthly operational rate becomes less than 99.9%, HENNGE shall reduce‬‭its yearly Service Fee of Individual Agreement as follows;‬‭Monthly Operational Rate‬‭Reduction of Fees for the Next Contractual Term‬‭ 9.0% or more but less than‬9‭99.9%‬‭ % of the monthly charge calculated based on the yearly‬
5‭contractual amount‬‭ 7.0% or more but less than‬
9‭99.0%‬‭ 0% of the monthly charge calculated based on the yearly‬
1‭contractual amount‬‭ 5.0% or more but less than‬9‭97.0%‬‭ 5% of the monthly charge calculated based on the yearly‬2‭contractual amount‬‭ 0.0% or more but less than‬9‭95.0%‬‭ 0% of the monthly charge calculated based on the yearly‬
5‭contractual amount‬‭Less than 90.0%‬‭ 00% of the monthly charge calculated based on the yearly‬
1‭contractual amount‬‭ 1. Google Workspace, Gmail™ web mail service and Chrome are trademarks or registered‬*‭trademarks of US Google LLC in the United States and other countries.‬‭*2.‬ ‭Microsoft‬ ‭365,‬ ‭Exchange‬ ‭Online,‬ ‭Edge‬ ‭and‬ ‭Active‬ ‭Directory‬‭are‬‭trademarks‬‭or‬‭registered‬‭trademarks of US Microsoft Corporation in the United States and other countries.‬‭*3.‬ ‭Cybertrust‬ ‭and‬ ‭Cybertrust‬ ‭Device‬ ‭ID‬ ‭are‬ ‭trademarks‬ ‭or‬ ‭registered‬ ‭trademarks‬ ‭of‬ ‭US‬
‭Cybertrust Inc or Cybertrust Co.,Ltd..‬‭*Safari‬‭is‬‭a‬‭trademark‬‭or‬‭a‬‭registered‬‭trademark‬‭of‬‭US‬‭Apple‬‭Inc.‬‭in‬‭the‬‭United‬‭States‬‭and‬‭other‬‭countries.‬‭*5.‬ ‭Firefox‬ ‭is‬ ‭a‬ ‭trademark‬ ‭or‬ ‭a‬ ‭registered‬ ‭trademark‬ ‭of‬ ‭US‬ ‭Mozilla‬‭Foundation‬‭in‬‭the‬‭United‬‭States and other countries.‬‭*6.‬‭WithSecure™‬‭Elements‬‭Collaboration‬‭Protection‬‭is‬‭a‬‭trademark‬‭or‬‭a‬‭registered‬‭trademark‬‭of‬‭WithSecure K.K..‬‭*7. ngrok is a trademark or registered trademark of ngrok Inc.‬